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Updated User Agreement Question
If a seller with one or more eBay stores with payments made annually does not accept the updated user agreement since the seller can no longer opt out of arbitration, does eBay refund eBay store payments for months paid for when the seller is no longer allowed to be on eBay?
4 comments
disneyshopper
Mentor1 year agoIf sellers subscribe to a store using the annual subscription, payment is made monthly, not in one lump sum. I doubt ebay would bypass the early termination fee for a cancellation of the store subscription, but that is a good question.
somanypostcards
OP1 year agoeBays announcement of the "Important Updated User Agreement" is misleading. It says:
"If you do not agree, you may close your eBay account by May 16, 2025 and stop using our services. If you keep your account with eBay, you agree that your continued use of our services constitutes your acceptance of the updated User Agreement, including the agreement to arbitrate."
I just read "Section 19, Legal Disputes" and anyone still has the ability to fill in the eBay Opt-out Notice. This form requires your name, address, phone number, eBay account User IDs and email addresses, your signature, and date. eBay's announcement led me to believe the only option if you disagreed is to close your account(s) by May 16, 2025. However if you disagree, you can opt out of the Agreement to Arbitrate. Here is what is said in Section 19, 9:
"Opt-Out Procedure
YOU CAN CHOOSE TO OPT OUT OF THIS AGREEMENT TO ARBITRATE ("OPT OUT") BY MAILING US A WRITTEN OPT-OUT NOTICE ("OPT-OUT NOTICE"). THE OPT-OUT NOTICE MUST BE POSTMARKED NO LATER THAN THE EFFECTIVE DATE OF THE AMENDMENT OR 30 DAYS FROM THE DATE YOU FIRST ACCEPT THIS USER AGREEMENT. YOU MUST MAIL THE OPT-OUT NOTICE TO EBAY INC., ATTN: LITIGATION DEPARTMENT, RE: OPT-OUT NOTICE, 583 WEST EBAY WAY, DRAPER, UT 84020. For your convenience, we are providing an Opt-Out Notice form. You must complete, sign, and mail that to us to opt out of this Agreement to Arbitrate. You must sign the Opt-Out Notice for it to be effective. Any Opt-Out Notice will be effective only if you send it yourself, on an individual basis, and opt-out notices from any third party purporting to act on your behalf will have no effect on your or eBay’s rights. This procedure is the only way you can opt out of this Agreement to Arbitrate.
Opting out of this Agreement to Arbitrate has no effect on any arbitration agreement(s) you may currently have with us, including any previous version of this Agreement to Arbitrate to which you agreed; all such prior arbitration agreements remain in effect unless superseded by this Agreement, and you cannot use this procedure to opt out of any previous version of this Agreement to Arbitrate. Neither you nor eBay waives any right to arbitration that may apply to any current or pending lawsuit, arbitration, or legal proceeding commenced prior to the effective date of this Agreement to Arbitrate.  If you opt out of this Agreement to Arbitrate, all other parts of this User Agreement and its Legal Disputes section will continue to apply to you."
somanypostcards
OP1 year ago"Section 19, Legal Disputes - 1. Agreement to Arbitrate" says: "The Informal Dispute Resolution process lasts 45 days and is a mandatory precondition to commencing arbitration. The statute of limitations and any filing deadlines shall be tolled while the parties engage in Informal Dispute Resolution."
What does tolled mean?
monroe67
Mentor1 year ago" 'Section 19, Legal Disputes - 1. Agreement to Arbitrate" says: "The Informal Dispute Resolution process lasts 45 days and is a mandatory precondition to commencing arbitration. The statute of limitations and any filing deadlines shall be tolled while the parties engage in Informal Dispute Resolution.'
What does tolled mean?"
It means lifted (temporarily) or paused. The deadline-date doesn't go away; it's just set aside until the dispute is resolved or until the Informal Dispute Resolution period is completed, whichever is earlier.
If there's a filing deadline of, hypothetically, July 1, and you start an Informal Dispute Resolution on, say, June 20, only 10 days before the July 1 deadline, that July 1 deadline is set aside.
That July 1 deadline is tolled.
That July 1 deadline is temporarily lifted.
That July 1 deadline is paused.